St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-12-11


Mr.. Burnet-We will.
Judge Jackson then prepared to de-
liver his charge to the jury. 1t
occupied an hour and fifty minutes
in delivery. He began by referring to
the form of the Indictment and then
gave the usual definitions of the points
of law to be considered by the jury i'll a
criminal Indictment. He called their
attention to the difference between
criminal acts by officers of banking
association, and others by Which losses
might accrue. but not be criminal, and
remarked that in every count Harper
was charged with a criminal act. lie
defined the abstract as used in the
statute as meaning to take without the
knowledge of the officers OF the aSsocla-
ton and use it for the benefit of others
and with the intent to defraud. An in
tent to defraud applies to every act
which is illegal and
TENDS TO INJURY.
After defining what was meant by
proof beyond reasonable doubt he said
the responsibility of bank officers was
not for losses on honest legal loans in
good faith for the benefit of the assO-
citation but for illegal acts for the bene-
fit of others than the bank. He then
passed to a review of the fact proven,
saying the court could assume these
things proven which had been pre-
sented in evidence by both sides. He
then enumerated one after another the
various acts regarded as proven by Har-
per'S own admission, such as credit TO
the Riverside iron and steel works
upon no consideration, and declared
that the defendant committed a wrong
full act when he took the check of the
Riverside works in that way. So of the
$500, 900 certificate of deposit i'll the
First National bank, of New York, rep
resented by his own check. This was
criminal act, admitted by the defendant.
Going on in the order of time,
the court cited act after act. all admit
ted by Harper which under the ruling
of the court constituted criminal acts.
Among others was $4,000 to HOyt for
Hopkins, in which Harper said he was
to be sharer with Hopkins. BY send
ing cOllateralS to the Chemical National
bank, June -, the defendant committed
an unlawful criminal act. Harper'S
heroic efforts to save the bank do not
shield him any more than man would
be excused for Scuttling ship by after
ward making efferts to save it. Refer
ring to Harper'S defense. that he was
trying to save the bank, he severely ar
raigned his method, saying it was not
reasonable for a man to sink 81, 100000
in trying to save $4,000. Summing up,
he said, the court inStructS the jury that
it must find, ON his own testimony, that
the defendant had committed crime.
The Jury was then instructed low to
make the form of their verdict, and they
were taken to their room to begin their
consultation. The court adjourned until
2 o'clock. The verdict in the Harper
case will not be received until Monday
morning, no matter when the jury
agrees.
THE SUDDEN CLOSE
of the Harper trial w thout argument
was no surprise to any one who had
watched the progress of the testimony
and had knowledge of the law, No
counsel could have gone before that
jury to defend man who had testified
to acts which must be declared by the
court to be criminal, and the
government counsel had 10 need
to argue where the defendant himself
Uad proven the governments case. 1t
was therefore left to his little child to
make by its innocent presence the only
plea that could be made for the eX-
that could only be plea
for mercy from the judge. But it
seemed to have been Intellectual while
the Judge was declaring the law to the
jury. Judge Jackson doubtless felt that
in that duty there was no place for mercy.
Certainly he spoke with rigid clearness
and unflinching severity. His review
of the testimony showed remarkably
clear understanding of the whole mat
ter and his summing-up of Harper's
misdeeds was stunning blow to any
hope of mercy that may have crept INTO
the defendants mind. The magnitude
of the amounts involved, the
frequency with which wrong
full acts were committed, all
were shown in their strongest light by
the Judge as he detailed from memory
the testimony. His legal mind saw SO
clearly what the verdict ought to be
that he used the most unmistakeaDle
language. He said: 1.-The court in
structs you, upon the defendants own
testimony, that Harper has committed
crime as described in the statute, under
in writing except that portion in which
he reviewed the testimony. 1t was de-
ivered
WITH GREAT EARNEsTNEsS.
The jury was moved from its position
Oh the side of the room to the space di-
rectly in front of the court, thus remOv-
ing Mrs. Harper and her babe from
their view. and allowing the court to
speak to them with no hindrance what
ever. Harper and Blackburn sat in the
corner of the room on the right. Near
hem were several officers, ready for any
When the charge was
ended Harper was for time alone.
Then Mrs. Harper brought her babe
md sat beside him. Miss Matthews
md Mrs. Matthews came, also, and the
'amily group sat silent and fearful, but
With no OutburstS. Soon after Harper
vas removed from the courtroom.
later it was agreed to adjourn the court |
Until Monday, when the jury's verdict
will be received if they are then ready. |
Judge Jackson has been universally |
throughout the trial for his |
his thorough grasping of the |
whole case, his ready rulings. and for |
lis lucid charge to the jury. No eXcep- |
ions have been taken, for the reason
hat there is no appeal from this court, |
'ut really there has been no disposition |
O question the rulings made. Judge
age, who sat with Judge Jack
on, has concurred in all the
ulings made, so that no Op-
,ortunity exists for a rehearing. The
district attorney, Mr.. Burnet, has made
n exhaustive examination of the
tatutes and of the precedents, and has
cached the conclusion, which it is un-
erstOOd is shared by the court, that
here is no authority for a sentence on
ach of the thirty-three counts if he
hOuld be found guilty in all. The SEN
ence, therefore, cannot be for longer
erm than ten years, and this may be
hOrtened by good conduct to seven
ears, five months and ten days.
Indian Territory Row.
TAHI,EOUAH. Indian Ter. Dec. 10